“新工人阶级”的法治生存之道

美国《时代》周刊把中国工人列为2009年度人物亚军,展示了中国工人的力量.在一个不断物质化以及“弱势群体”边缘化的社会,“把工人阶级带回分析的中心”有其理论和方法论意义.梳理工人阶级的历史变迁脉络,廓清“新工人阶级”的法治生存境况,把握作为“阶级”抑或“阶层”的工人群体的主体性及其内涵,是我们辨析其法律身份认同和共同意识的前提和基础.而要使他们真正回归“劳动者”,必须发掘其内在的力量,在法治的轨道上实现其结社自由和罢工权利.     

The Patterns of Masculinity in Prison

A prison culture of masculinity shapes the prison macho – boys dont cry. The prison macho is a real man who always hides his feelings and performs like a tough guy. These characteristics are much different from what happens in everyday life in the social spheres, where human being needs to be loved, need concerns and compassion from others and express these to others as well. In the current study, there is a recognition of a multiplicity of masculinities and an emphasis on how subjects are continually constituting and constructing their identity. Based on qualitative research, this study analyzes the patterns of masculinity embedded in the daily code of conduct used by prison staff to deal with prisoners and by prisoners to interact with other inmates and constitute their subculture. The investigation of prison sociology in the constitution of masculinity discourses in Tainan Prison contributes to both gender studies and to the literature exploring differences between western and eastern perspectives and policies related to incarceration.     

The Social Development of the Working Class of the USSR

The working class is the major force in the revolutionary reorganization of society and the creator of a new, communist system and of new economic, social, and political relationships among human beings. All the basic changes in the contemporary world are indissolubly associated with its revolutionizing activity. In turn, these changes themselves create special features in the growth and development of the working class, further strengthening its revolutionary, creative potential and its greater preparedness for historically creative activity. The timeliness of analysis of these trends at the present stage of the building of communism in the USSR, under conditions created by the revolution in science and technology, is in our view determined by at least three circumstances.     

文化、权力网络中权利诉求的实践与表达——若干司法文本的解读尝试

在传统社会中,权利存在于广泛的社会关系中,以关系化、非形式化、模糊性和弥散性状态存在;离开了关系个人可能就丧失了其在社会中的定位,权利也可能处于悬置状态。个人的权利诉求是在关系、文化、权力的网络中提出的,并由此获得正当性和合法性。国家在回应个人的权利诉求的时候是在文化、法律、传统、常识、习惯等多个层面上进行的。中国社会从近代开始转型,但就权利的存在状况而言,传统的“关系”框架依然有很大的影响,权利依然被编织在文化、权力、社会关系、语言的复杂的网络之中;权利的实践和表达在受前述因素制约的同时又受历史因素的影响。个人在认同国家法的同时,总是力图在一个更广阔的范围中寻找自己行动的合法性。     

The Fight Against Organised Crime in Europe: A Comparative Perspective

This article provides an overview of the measures and actions taken by the Member States of the European Union in their fight against organised crime and transborder crime. The Action Plan to Combat Organized Crime adopted by the Ministers for Justice and Home Affairs during the Dutch EU Presidency, submitted some 30 recommendations with respect to greater harmonisation regarding the fight against organised crime in the EU Member States. The author gives a concise summary of the most relevant changes and the structural characteristics per Member State, paying attention to developments in the specific countries and the organisations involved. One of the conclusions reached is that few or no reforms within national investigative and prosecution authorities may be directly traced back to the regulatory impulses of the EU. Although the EU Action Plan has not yet realised a convergence of the systems, the European process of integration has increased the mutual transparency and knowledge of one another's systems.     

Symbolic power and police legitimacy: The Royal Ulster Constabulary

In the following discussion we approach the issue of police legitimacy inNorthern Ireland through Habermas's theory of legitimacy and the shiftinglocus of conflict from the economic to the cultural sphere. It is argued thatthe cultural sphere is often a major site of conflict in divided societies suchas Northern Ireland. The process of economic globalisation – a crucialfactor in the emergence of identity based movements elsewhere – has hadthe effect of intensifying conflict over identity and its symbolicrepresentation. The debate on the reform of the RUC in the wake of thePatten Commission Report has focused principally on the recommendationthat the symbolism of the police be changed. Although this conflict oversymbols condenses the central problem of the exclusion and misrecognitionof nationalists it also has the effect of distracting attention from the moreuniversal theme of the Report: the relationship between citizens, police andthe state.     

Working to Death: The Regulation of Working Hours in Health Care

Recent research highlights significant risks associated with health professionals working long hours—risks to their health and safety, to the safety and quality of care provided to patients, and to public safety. This article undertakes a review of the various instruments used to regulate working hours in health systems, using six countries (Australia, Canada, Denmark, New Zealand, the United Kingdom, and the United States) and the European Union as primary comparators. The review demonstrates differences in the instruments used to regulate the issue in these countries and in the economic, social, and cultural factors that limit instrument choice and moderate instrument effectiveness.     

Symbolic Conflict and the First Amendment: US Supreme Court Adjudication of the Expression of Condensation Symbols

The interpretation of the US Constitution by the Supreme Court of the US has often focused on conflicts arising from intense differences over the meaning attached to symbols including armbands, flags and banners; statues of the Ten Commandments and other religious symbols; depictions involving indecent images; and the conflicting perceptions of, and reactions to, “dirty” words. The symbols involved in these conflicts are essentially condensation symbols, and divisions over these decisions reflect cultural rifts that manifest themselves in the profoundly different ways large groups of US citizens perceive images and words that evoke powerful emotional response. The Court has utilized a variety of doctrinal devices while engaging in the process of constitutional interpretation as it has struggled with these controversies in the context shaped by the broader culture that informs and constrains this process and by the elements within it that constantly struggle for validation. But the efficacy of its efforts remains questionable.     

The Symbolic Life of Law: The Instrumental and the Constitutive in Scheingold's The Politics of Rights

Stuart A. Scheingold's, ThePolitics of Rights, has left a considerableimprint on sociolegal scholarship. A centralfigure in the intellectual genealogy ofsociolegal studies, Scheingold has contributedto both instrumental and constitutiveapproaches to the study of law. Informing aninstrumental perspective, Scheingold's focus onlaw's symbolic life provides the foundation forexamining rights discourse and litigation aspolitical resources. Informing a constitutiveoutlook, Scheingold encourages an understandingof how law shapes our imaginations,aspirations, and expectations. After reviewinghis contribution to instrumentalism andconstitutivism, this essay suggests howScheingold offers the grounds for seeing theseoften divergent approaches as complementary.     

The Fight For Survival:African-American gang members and their families in a segregated society

We can no longer trivialize, or ignore, the impact of structural impediments, racial discrimination, and racial segregation in our analysis of African-American youth gangs in America's inner cities. These issues set a stage where 79 African-American youngsters view their gang affiliation as a means for survival. The present study, conducted over a four-year period, explores structural and racial barriers that many African-Americans, parents and children, encounter regularly. The participants, gang members and their parents, reveal their frustrations about the lack of opportunities for many inner city African-Americans, their experiences as targets of racial discrimination and segregation, and their confinement to deteriorating, poverty-stricken neighborhoods in Detroit.     

The Foreign Intelligence Surveillance Act of 1978: The Role of Symbolic Politics

Since 1978, the Foreign Intelligence Surveillance Act (FISA) has governed United States intelligence gathering for national security purposes. Enacted in response to the Watergate–era civil rights violations and revelations of a Senate investigation headed by Senator Frank Church that other presidential administrations had authorized similar warrantless surveillance, FISA established a statutory framework for national security surveillance. Understanding FISA contributes to the study of criminal justice policymaking because law enforcement and intelligence communities view it as an important tool for combatting espionage and terrorism. This article examines the enactment of FISA from the perspective of symbolic politics.     

儒家文化对当代中产阶级母亲育儿观的影响研究

从历史上看,母亲是儒家文化传承的重要群体;客观呈现儒家文化对今天中产阶级母亲育儿观的现实影响,对于儒家文化在当代家庭中的传承与发展具有重要意义。儒家文化,作为中国两千来教养民众、传递文化的价值观与方法论,仍然对当今中产阶级母亲的育儿观产生着积极、强劲的影响。具体表现如下:她们朝着完整人格的目标培养孩子,体现儒家君子不器的教育目标;用规训的方式帮助孩子完善道德自我,秉承儒家修身为本的教育路径;要求孩子保持学业成绩的优秀,沿袭儒家劝学重教的教育实践。     

Belonging and Unbelonging in Encounters Between Young Males and Police Officers: The Use of Masculinity and Ethnicity/Race

This article is based on a study in which the work of police officers has been followed on a day-to-day basis, with a special focus on the work directed at youths. The focus is on how contact is established or obstructed in the meeting between police officers and young males, and the significance of constructions of masculinity and ethnicity/race for this process. Encounters between young males and police officers are analysed from Yuval-Davis notions of belonging and unbelonging. The analysis shows how both masculinity and ethnicity/race can be used for establishing or obstructing contact between police and young males. The article also show how belonging and unbelonging is a question of negotiations that can undergo a number of shifts in the course of a given situation, and also that these negotiations take the form of a collaborative activity, even if this starts from unequal power positions. A situation that starts from an antagonistic approach may in fact, via markers of belonging, turn out quite different. But it is also pointed out that the markers of belonging in one dimension, at the same time may generate markers of unbelonging in others. Finally this developing of contact shall be understood both as a way of changing the contacts into less conflicted ways and as one of several ways of gaining more control in stigmatized areas.     

反腐败的实质是反权力的滥用

反腐败的重点应该放在制约权力的滥用上。要有效地加强对公共权力的控制,必须从三个方面入手:一是加强对权力的制约;二是加强对权力的监督;三是加强对权力掌握者的思想政治教育和职业道德教育。     

Arresting Masculinity: Anger,Hybridity and the Reproduction of Phallic Space

This paper examines how the signifier of ‘toxic masculinity’ operates in the contemporary psycho-social landscape of embodied power relations. It is argued that toxic masculinity is a symbolic response to the deep sense of anger people experience owing to the persistent disturbance of reason that characterizes the radically incongruous Thirdspace in which we live. To those who feel disoriented and lost, toxic masculinity is both an imagined cause and a projected solution to the endemic sense of dislocation. As an index of repressive power, self-serving discipline and ruthless ambition, toxic masculinity is held fully responsible by angry ‘outsiders’ for the ongoing disturbance of reason, whilst the very attribution of the cause of this disturbance to a gendered position of traditional embodied authority simultaneously serves the purpose of changing the hybridity of Thirdspace into more conventional figurations of social imbalance. This explanatory model, which draws both on Edward W. Soja’s reflections on the changing spatialities of the human lifeworld and Henri Lefebvre’s theory of the (re-)production of (phallic) space, is further employed to address the questions as to why patriarchy persists and whether alternative constellations of governance are feasible.

     

Methodology as a Knife Fight: The Process, Politics and Paradox of Evaluating Surveillance

This paper uses the analogy of an unregulated fight to examine the rhetorical politics of evaluation research pertaining to surveillance measures. It outlines how, in addition to being standard fare in social scientific debates, methodological issues have a parallel existence as part of the rhetorical politics of surveillance and crime control. After briefly sketching some of the ways that advocates try and accentuate methodological concerns in attempts to undermine the position of their adversary the paper considers how certain groups are comparatively advantaged and disadvantaged in such exchanges. The concluding section takes a larger view of these dynamics to address some of the risks inherent in engaging in this style of discursive politics.